It’s time Alabama reins in delta-8
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Op-ed by Rep. Andy Whitt
In 2018, the U.S. Congress passed the most recent iteration of the Farm Bill, which, broadly speaking, is meant to protect the livelihoods of America’s farmers and keep food on the table for families across the nation.
Like almost all legislation coming out of Washington, D.C. these days, it included elements that didn’t have anything to do with the actual goal of the Farm Bill.
In this case, it legalized delta-8 THC, which is a form of marijuana that I personally view as much more harmful than cannabis.
The reason I say this is because delta-8 occurs in very small quantities naturally, resulting in the vast majority of commercially available versions being synthesized through a conversion process that uses a variety of chemicals to convert hemp-derived CBD into delta-8.
Simply put, this is chemically manufactured marijuana that is being sold with zero oversight in thousands of gas stations and smoke shops across the state of Alabama.
No state or federal agency ensures truth in labeling, the substance has not been evaluated or approved by the FDA for safe use, and numerous studies have found these products are causing adverse side effects such as hallucinations, vomiting, tremors, anxiety, dizziness, confusion, and loss of consciousness.
What makes matters even worse is that these products are clearly being sold to underage children.
In 2023, The Alabama Poison Information Center investigated 235 cases involving delta-8, and more than 40% of calls were for children six and under.
It’s also become a huge issue in Alabama’s public schools.
I’ve heard from superintendents, student resource officers, teachers, and parents about the prevalence of these products within the classroom.
One teacher told me he could not leave his classroom to use the bathroom because students would use vaporizer devices to get high off delta-8 in his absence.
The root cause of this is the fact that these products are available in all shapes and dosages – from gummies marketed to look like candy to flower that is visually identical to marijuana.
Most recently, delta-8 infused seltzers have hit the market and are being sold on tap at restaurants and bars, and I wholeheartedly believe this could lead to tragic outcomes on Alabama’s roads, highways and interstates.
This is a product that clearly causes psychological impairment, but how does a bartender decide when a patron has had too much to drive?
How many milligrams can someone have before they are a danger on the roadways?
What are the effects when someone mixes alcohol and delta-8?
The drinks are also being sold in convenience stores, but the difference is that they aren’t sold from behind the counter like other forms of delta-8. Instead, they are in coolers next to energy drinks and alcoholic beverages.
The problems with these products are seemingly endless, and so far, the state has done little, if anything, to solve them.
Last week, I filed a bill aimed at reining this issue in and protecting Alabama’s children from delta-8.
HB445 would authorize the Alabama Alcoholic Beverage Control Board to regulate all consumable hemp products through the licensure of manufacturers, wholesale distributors and retailers that sell them.
It would also prohibit the sale of any consumable hemp products to individuals under 21 years
of age, establish labeling and testing requirements and limit the amount of THC that can be present in these products.
Most importantly, it would outline penalties for distributors that sell these products to underage Alabamians.
This will be a challenging undertaking, but I believe that any measure aimed at protecting the future of our state is one that lawmakers must seriously consider.
